Betting Tax Act 2018
sec.56Application of particular refund amounts
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sec.56 Application of particular refund amounts
This section applies if, on an original assessment of a betting operator’s annual liability or final liability, the betting operator is entitled to either of the following (each a relevant refund amount )— an annual refund amount; a final refund amount. See the Taxation Administration Act 2001 , part 4 , division 2 in relation to entitlement to refunds on reassessments. The commissioner may apply the whole or part of the relevant refund amount as payment for— a tax law liability of the betting operator; or a tax law liability that the commissioner reasonably believes will become payable by the betting operator within 60 days after the entitlement to the amount arises. If the commissioner does not apply the whole or part of the relevant refund amount as payment for a liability mentioned in subsection (2) within 60 days after the entitlement to the amount arises, the commissioner must immediately refund to the betting operator the amount not applied. However, subsections (2) and (3) do not prevent the commissioner from holding the relevant refund amount for any period, or applying the amount for any purpose, at the betting operator’s request or with the betting operator’s consent. This section applies despite the Taxation Administration Act 2001 , section 36 . The Taxation Administration Act 2001 , section 39 applies to a refund of an amount to the betting operator, or an application of an amount as payment for the betting operator, under this section. In this section— original assessment see the Taxation Administration Act 2001 , schedule 2 . reasonably believes means believes on grounds that are reasonable in the circumstances. tax law liability see the Taxation Administration Act 2001 , schedule 2 . s 56 amd 2020 No. 30 s 4 (sec.56-ssec.1) This section applies if, on an original assessment of a betting operator’s annual liability or final liability, the betting operator is entitled to either of the following (each a relevant refund amount )— an annual refund amount; a final refund amount. See the Taxation Administration Act 2001 , part 4 , division 2 in relation to entitlement to refunds on reassessments. (sec.56-ssec.2) The commissioner may apply the whole or part of the relevant refund amount as payment for— a tax law liability of the betting operator; or a tax law liability that the commissioner reasonably believes will become payable by the betting operator within 60 days after the entitlement to the amount arises. (sec.56-ssec.3) If the commissioner does not apply the whole or part of the relevant refund amount as payment for a liability mentioned in subsection (2) within 60 days after the entitlement to the amount arises, the commissioner must immediately refund to the betting operator the amount not applied. (sec.56-ssec.4) However, subsections (2) and (3) do not prevent the commissioner from holding the relevant refund amount for any period, or applying the amount for any purpose, at the betting operator’s request or with the betting operator’s consent. (sec.56-ssec.5) This section applies despite the Taxation Administration Act 2001 , section 36 . (sec.56-ssec.6) The Taxation Administration Act 2001 , section 39 applies to a refund of an amount to the betting operator, or an application of an amount as payment for the betting operator, under this section. (sec.56-ssec.7) In this section— original assessment see the Taxation Administration Act 2001 , schedule 2 . reasonably believes means believes on grounds that are reasonable in the circumstances. tax law liability see the Taxation Administration Act 2001 , schedule 2 .